This edition contains the following briefings: Contract valid despite parties’ common mistake An entirely surprising interpretation of an entire agreement clause Excluding liability effectively Successful settlements ‘Non-reliance’ clause found not reliable to defeat misrepresentation claim Of ‘Supreme’ Significance
The Government made clear in its March 2018 Pensions White Paper that it is committed to ensuring that the Pensions Regulator (Regulator) has the right powers to be able to protect effectively defined benefit pension schemes. On 29 June 2018 the Department for Work and Pensions (DWP) published a consultation paper setting out the Government’s […]
Walker Morris has reported previously on the Financial Conduct Authority’s (FCA) proposals for the handling of Payment Protection Insurance (PPI) complaints and for dealing with the so-called ‘Plevin problem’ (that is, the uncertainty following the Supreme Court’s decision that non-disclosure of a significant amount of PPI commission earned by a lender created unfairness in the lender/borrower […]
The Court of Appeal has confirmed that landowners who fail to control Japanese Knotweed, allowing it to encroach on to neighbouring properties, can be held liable for nuisance. Martin McKeague and Jeremy Moore, partners in Walker Morris’ Real Estate Litigation and Real Estate transactional teams respectively, explain and offer their practical advice. Nuisance and the Network […]
Martin McKeague and Will Cousins, partners in Walker Morris’ Real Estate Litigation Team and transactional Real Estate Department respectively, explain why a recent Court of Appeal case contains important lessons for all contracting parties looking to exclude or limit liability for pre-contractual statements/misrepresentation…
On 12 July 2018, the European Commission adopted two delegated regulations supplementing the Alternative Investment Fund Managers Directive (AIFMD) and the Undertaking for Collective Investment in Transferable Securities Directive (UCITS) on the safekeeping of assets by depositaries and their delegates. Their main purpose is to eliminate discrepancies among different national regulations. The following aspects will […]
By Siobhan Fitzgerald The social care sector is breathing a sigh of relief after the Court of Appeal in Royal Mencap Society v Tomlinson-Blake reversed previous cases and decided that only time spent awake and working should be counted as working time for the purposes of calculating the national minimum wage.
By Richard Hayllar On the 12 July 2018, the Financial Ombudsman Service (the FOS) published a report on an Independent Review carried out by Richard Lloyd (former Which? executive). The review was undertaken following the broadcast of the Channel 4 Dispatches programme which set out a number of concerns about the handling of FOS complaints.
Kicking off our series on efficiency in arbitration, our first article, Efficient Arbitration – Part 1: Metrics sets out our idea of an efficient arbitration: Achieving the best possible outcome with the least amount of resources. A range of tools are available to focus the spending of resources. Resources should be invested, not wasted. The selection of […]
This is the first in a series of articles by Schoenherr focusing on efficiency in arbitration. In our series, we will explore various tools which serve to improve the efficiency of any given arbitration and so achieve a favourable outcome without wasting resources. But before exploring those tools we need to determine what efficient arbitration […]
CMS Cameron McKenna Nabarro Olswang is to nearly halve the size of its Reading office after a review affecting the firm’s real estate practice, just over a year into its tripartite merger. The Lawyer understands the firm held a consultation with seven fee-earners in the real estate asset management practice, with the majority of the group relocating to […]
The former general counsel of MarketInvoice Simon Coles has joined fintech start-up Capital On Tap as its first legal head. Capital On Tap provides tech-driven funding facilities to SMEs and enables customers to access instant funding to grow their business. Before his stint as general counsel at cashflow finance provider MarketInvoice, which ended last year, […]
The Law Society has organised an evidence session to explore the use of algorithms in the justice system. Members of the Law Society of England and Wales Public Policy Commission will take evidence on July 25 from tech, government, commercial and human rights experts in an effort to understand whether the use of algorithms should […]
Withers managing director Margaret Robertson has been re-elected for a fourth term, following a successful reign overseeing the internationalisation of the British firm. Following the uncontested election, Robertson will remain as CEO for a three-year term, until 2021. The firm’s 2016/17 financials revealed an eight per cent growth in revenue from £161.5m to £174.5m. Withers also promoted […]
Eversheds Sutherland has secured a decision to appeal a landmark High Court judgment for the pension trustees of the Linklaters-represented British Airways, which could see the airline pay out up to £12m in benefits. In a two-against-one decision, Lord Justice Patten dismissed the appeal while Lord Justices Lewison and Peter Jackson both elected to permit […]
In the wake of the decade’s most important case concerning legal privilege, an arrest warrant has been issued against the CEO of the Eurasian Natural Resource Corporation (ENRC)’s parent company as part of the Serious Fraud Office’s ongoing investigation into a string of allegations. The warrant was issued against Eurasian Resources Group (ERG) CEO Benedikt […]